KNEXIA AI TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "User," or "you") and Knexia AI, Inc., a Delaware corporation ("Knexia," "Company," "we," "us," or "our") governing your access to and use of Knexia's AI-powered phone receptionist platform, website, applications, and related services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you may not access or use the Service.

2. DEFINITIONS

For purposes of these Terms:

• "AI System" means machine-based systems that, for explicit or implicit objectives, infer from inputs how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.
• "Customer Data" means all data, content, and information provided by or on behalf of Customer through the Service.
• "Output" means any content, responses, analyses, or other materials generated by our AI System.
• "Personal Data" has the meaning set forth in applicable data protection laws.
• "Prohibited Content" means content that violates Section 6 (Acceptable Use Policy).

3. SERVICE DESCRIPTION AND AI LIMITATIONS

3.1 Service Overview

Knexia provides an AI-powered phone receptionist service that:

• Answers and manages phone calls for your business
• Provides automated customer service interactions
• Collects, processes, and analyzes call data
• Integrates with third-party business applications
• Generates insights and reports based on customer interactions

3.2 Critical AI Limitations and Disclaimers

4. ACCOUNT REGISTRATION AND ELIGIBILITY

4.1 Minimum Age and Authority

• You must be at least 18 years old or the legal age of majority in your jurisdiction
• If using the Service on behalf of an organization, you must have authority to bind that organization
• You must provide accurate, complete, and current registration information

4.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access or security breach
• You are liable for all activities occurring under your account

5. CALL RECORDING, PRIVACY, AND DATA PROTECTION

5.1 Call Recording Notice

IMPORTANT PRIVACY NOTICE: By using our Service, you acknowledge:

• All calls may be recorded and processed by our AI System
• You are responsible for obtaining proper consent from callers in accordance with applicable laws
• You must comply with all call recording and privacy laws in your jurisdiction
• Recorded content may be used for AI training purposes (anonymized where required)

5.2 Data Processing

Your use of the Service is governed by our Privacy Policy. Automated systems that analyze your use of the Service and User Content may be used for business, safety, and compliance purposes.

5.3 International Data Transfers

Customer Data may be transferred to and processed in countries other than your country of residence. We implement appropriate safeguards to protect your data during international transfers.

6. ACCEPTABLE USE POLICY

6.1 Prohibited Uses

You agree NOT to use the Service for:

6.1.1 Illegal Activities

• Violating any applicable laws, regulations, or third-party rights
• Engaging in fraudulent, deceptive, or illegal activities
• Money laundering, terrorism financing, or other criminal activities

6.1.2 Harmful Content

• Harassment, abuse, threats, or hate speech
• Content promoting violence, self-harm, or illegal activities
• Discriminatory content based on protected characteristics
• Sexually explicit or inappropriate content involving minors

6.1.3 Technical Violations

• Attempting to gain unauthorized access to the Service or other systems
• Interfering with or disrupting the Service's functionality
• Reverse engineering, decompiling, or attempting to extract source code
• Transmitting viruses, malware, or other harmful code

6.1.4 Misuse of AI Capabilities

• Generating content that impersonates others without consent
• Creating deepfakes or other deceptive synthetic media
• Using the Service to develop competing AI models or services

6.2 Monitoring and Enforcement

We reserve the right to monitor use of the Service for compliance with these Terms and may suspend or terminate access for violations.

7. PRICING, BILLING, AND PAYMENT

7.1 Subscription Plans

• Pricing is detailed on our website and subject to change with notice
• All prices are in USD unless otherwise specified
• Subscriptions automatically renew unless cancelled

7.2 Payment Terms

• Payment is due in advance for subscription services
• We accept major credit and debit cards via Stripe
• Additional usage beyond plan limits incurs extra charges as specified

7.3 Free Trial

• New users receive a 3-day free trial
• Trial automatically converts to paid subscription unless cancelled
• We may require payment method verification during trial signup

7.4 Refunds and Cancellations

• Subscriptions may be cancelled at any time through your account dashboard
• Payments are non-refundable, except where required by law
• Refunds may be provided within 7 days for unresolved service issues
• No refunds for used minutes or services already consumed

7.5 Price Changes

If we increase our subscription prices, we will give you at least 30 days' notice and any price increase will take effect on your next renewal

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Our Intellectual Property

• Knexia and its licensors retain all rights to the Service, including software, algorithms, designs, trademarks, and copyrights
• You may only use our name and logo in accordance with our brand guidelines
• No license or rights to our intellectual property are granted except as expressly stated

8.2 Customer Content

• You retain ownership of content you provide to the Service
• You grant us a non-exclusive, worldwide license to use your content to provide and improve the Service
• The Customer is the owner of the Input and is hereby granted rights, title and interests in and to the Output

8.3 AI-Generated Output

• You may use Output for lawful purposes, including commercial use
• We recommend disclosing when content was AI-generated where appropriate
• You are responsible for ensuring Output does not infringe third-party rights

9. THIRD-PARTY INTEGRATIONS

Our Service integrates with third-party services including:

• Twilio (telecommunications services)
• Google Workspace (calendar, authentication)
• Stripe (payment processing)
• Other business applications as specified in your account settings

Your use of integrated services is subject to their respective terms of service and privacy policies.

10. SERVICE LEVEL AGREEMENT AND WARRANTIES

10.1 Service Availability

• We target 99.9% uptime (excluding scheduled maintenance)
• We provide automatic scaling for call volume management
• We make best efforts to ensure call quality and accuracy

10.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. We disclaim all warranties, express or implied, including:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Guarantees of 100% call accuracy or perfect AI performance
• Warranties regarding third-party integrations or services

11. LIMITATION OF LIABILITY

11.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100).

11.3 AI-Specific Limitations

We are not liable for:

• Missed calls or call routing failures
• AI response errors, inaccuracies, or inappropriate content
• Business decisions made based on AI-generated insights
• Regulatory or professional compliance issues arising from AI use

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Knexia and its affiliates, officers, directors, employees, and agents from and against all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms or applicable laws
• Your Customer Data or content
• Claims that your use of the Service violates third-party rights

13. COMPLIANCE WITH EMERGING AI REGULATIONS

13.1 AI Act Compliance

The AI Act is the first-ever comprehensive legal framework on AI worldwide. If you operate in the European Union, you acknowledge:

• Certain AI uses may require impact assessments and transparency measures
• Humans should be made aware that they are interacting with a machine
• You are responsible for compliance with applicable AI regulations

13.2 Evolving Regulatory Landscape

Companies deploying AI products in the United States should address the likelihood (if not certainty) that new laws will go into effect during the term of the contract. You acknowledge that:

• AI regulations are rapidly evolving globally
• You are responsible for compliance with applicable current and future AI laws
• We may update the Service to assist with regulatory compliance

13.3 AI Literacy and Training

Article 4 of the AI Act says you have to have a sufficient level of AI literacy for your staff For certain jurisdictions, you may be required to:

• Provide AI literacy training to staff using the Service
• Maintain documentation of AI system use and oversight
• Implement appropriate human oversight measures

14. TERMINATION

14.1 Termination Rights

Either party may terminate this agreement:

• Customer: By cancelling your subscription through your account dashboard
• Knexia: For violation of these Terms, non-payment, or other material breach

14.2 Effect of Termination

Upon termination:

• Your access to the Service ends immediately
• Data retention is governed by our Privacy Policy
• Outstanding fees remain due and payable
• Provisions that should survive termination remain in effect

15. DISPUTE RESOLUTION

15.1 Informal Resolution

Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. Contact us at legal@knexia.ai with concerns.

15.2 Binding Arbitration

MANDATORY ARBITRATION CLAUSE: Except where prohibited by law, disputes will be resolved through final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

15.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

15.4 Opt-Out Right

You may opt out of arbitration within 30 days of account creation by sending written notice to legal@knexia.ai.

16. MODIFICATIONS TO TERMS

We may modify these Terms at any time by posting updated terms on our website. If we increase our subscription prices, we will give you at least 30 days' notice Material changes will be communicated via email or through the Service. Continued use after changes constitutes acceptance of the modified Terms.

17. GENERAL PROVISIONS

17.1 Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any disputes not subject to arbitration will be resolved in Delaware courts.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

17.3 Force Majeure

Neither party will be liable for delays or failures due to causes beyond their reasonable control, including natural disasters, government actions, or technical failures.

17.4 Entire Agreement

These Terms, together with our Privacy Policy and any referenced policies, constitute the entire agreement between you and Knexia regarding the Service.

17.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to affiliates or in connection with a merger, acquisition, or sale of assets.

17.6 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.